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Sadhana Sanjay Jadhav

Sadhana Sanjay Jadhav (born 14 June 1960) is a former judge of the Bombay High Court, in Maharashtra, India. Jadhav has been the judge in a number of notable cases concerning criminal offences, including the death of Sheena Bora, the Adarsh Housing Society scam, the trial of Bollywood actor Sanjay Dutt in relation to the 1993 Bombay bombings, the case concerning the suicide of medical resident Payal Tadvi, and the case concerning the murder of writer Govind Pansare. Jadhav is also responsible for several legally significant interpretations of criminal law and procedure, concerning the right to appeal, and regarding penalties under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act 1989.

Sadhana Sanjay Jadhav
Judge of the Bombay High Court
Incumbent
Assumed office
23 January 2012
Personal details
Born14 June 1960

Life

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Jadhav was born in Solapur and was educated in Pune, attending Fergusson College and Pune University to obtain a bachelor's degree and master's degree in political science. She studied law at Symbiosis Law School in Pune, and initially practiced law at the Aurangabad bench of the Bombay High Court, before practicing in Mumbai.[1]

Judicial career

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Jadhav was appointed an additional judge of the Bombay High Court on 23 January 2012, and continues to sit on the bench there.[1]

In 2012, Jadhav along with Bombay High Court Judge Abhay Oka established the principle that accused persons did not have an inherent right to appeal against judicial orders, but could only do so when such right was granted by a statute. They also held that a legislature could take away the right to appeal in any set of cases.[2]

In 2013, Jadhav, along with Justice Vijaya Tahilramani, were directed by the Bombay High Court to constitute a female-led bench to hear all appeals against acquittals for the offence of rape. This was following a decision from the Bombay High Court that all such acquittals would from 2013 onward, be heard by benches of female judges.[3]

In 2016, Jadhav heard the case concerning the widely reported murder of Sheena Bora, and passed orders criticising the Central Bureau of Investigation (CBI) as well as the CBI Special Court that was trying the case, for procedural improprieties and delays.[4] The case is still ongoing.[needs update]

In 2016, Jadhav heard appeals filed by several members of the Sanatan Sanstha, a Hindu extremist group, in connection with the widely reported murder of writer Govind Pansare.[5] Jadhav allowed the proceedings to be stayed, in order to allow the Maharashtra government's Criminal Investigation Department to investigate possible links to the murder of writers Narendra Dabholkar and M. M. Kalburgi.[6] The case is still ongoing but has been transferred to a different judge.[7]

In 2017, Jadhav criticised the Maharashtra Government for ordering the early release of Bollywood actor Sanjay Dutt from jail, following his conviction for possession of arms, in relation to the 1993 Bombay bombings, and asked the government to justify it through court filings.[8][9][10] The case was later transferred to a different judge of the Bombay High Court, who found no illegalities in his release.[11]

In 2017, Jadhav and another judge, Ranjit More, quashed an order of the Governor of Maharashtra, Vidyasagar Rao granting sanction to prosecute former Maharashtra Chief Minister Ashok Chavan in connection with the politically significant Adarsh Housing Society scam. The order prevents Chavan from being tried in relation to the scam.[12][13]

In 2017, Jadhav faced criticism following her remarks in a case concerning sexual abuse of a minor by the minor's adoptive father. Jadhav remarked, while granting bail to the accused, that minor victim was "inherently abnormal", "had a sexual instinct since childhood" and "was used to doing dirty things." The remarks were reported on and publicly criticized, and Jadhav later passed a second order, expunging her own remarks from the record, stating that they had been drawn from some documents submitted in evidence.[14][15][16][17][18]

In 2017, Jadhav was also one of two judges to withdraw their membership from a housing project for official judges' residences, proposed by an association of judges, and approved by the Devendra Fadnavis-led BJP government in Maharashtra.[19] The project had attracted controversy because it was proposed to be built on land that had been allocated for affordable public housing, and regulatory requirements of public notice had been waived in order to have the project approved by the Maharashtra Housing and Development Authority. The Bombay High Court is currently hearing a petition challenging the approval to this project.[20][21][22]

In 2019, Jadhav rebuked prosecutors for delays in the case concerning the abetment of suicide of medical resident Payal Tadvi, following alleged harassment by colleagues, and directed them to investigate hospital authorities for failing to act to prevent harm.[23] The case is still ongoing.

In 2019, Jadhav also established a new form of criminal procedure and penalty for offences committed under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act 1989. Although the act only contemplates arrest, trial, and compensation for offences, Jadhav, in two separate orders, prohibited the arrest of persons accused under the Act, and directed them to engage in a series of 'reformative deeds' including the planting of 50 trees, instead.[24]

In 2022, Jadhav retired.[25]

References

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  1. ^ a b "Justice S. S. Jadhav". High Court of Bombay.
  2. ^ "Accused has no inherent right to appeal against conviction: Bombay HC". Zee News. 12 November 2012. Retrieved 3 October 2020.
  3. ^ "Landmark HC order puts two women judges in charge of rape acquittals". mid-day. 12 January 2013. Retrieved 3 October 2020.
  4. ^ Nandy, Chandan (30 June 2016). "Sheena Bora Case: Bombay HC Hauls CBI, Special Judge Over Coals". TheQuint. Retrieved 3 October 2020.
  5. ^ "Pansare case: Trial against Sameer Gaikwad stayed till further orders". The Economic Times. Retrieved 3 October 2020.
  6. ^ "Pansare murder case: Bombay HC extends stay on framing of charges against accused". The Indian Express. 24 June 2016. Retrieved 3 October 2020.
  7. ^ "HC raps CBI, CID over trial delay in Narendra Dabholkar, Govind Pansare murder cases". The New Indian Express. Retrieved 3 October 2020.
  8. ^ "HC gives Maharashtra govt two weeks to justify Sanjay Dutt's early release". The Economic Times. Retrieved 3 October 2020.
  9. ^ "Send Sanjay Dutt back to jail if you think rules were flouted: Maharashtra govt to HC". The Economic Times. Retrieved 3 October 2020.
  10. ^ PTI (3 July 2017). "Justify Sanjay Dutt's early release, Bombay High Court tells Maharashtra government". Mumbai Mirror. Retrieved 3 October 2020.
  11. ^ "No violation by govt in allowing early release to Sanjay Dutt: Bombay HC". Hindustan Times. 1 February 2018. Retrieved 3 October 2020.
  12. ^ Mumbai Mirror (23 December 201). "Adarsh scam: HC quashes guv's nod to prosecute Ashok Chavan". Mumbai Mirror. Retrieved 3 October 2020.
  13. ^ "Ashok Chavan: Adarsh scam allegations were politically motivated". mid-day. 23 December 2017. Retrieved 3 October 2020.
  14. ^ "Bombay HC blames girl, gives bail to father in sexual assault charge". The Indian Express. 5 February 2017. Retrieved 3 October 2020.
  15. ^ Agnes, Flavia. "A Bombay High Court judge expunges her comments on a minor rape victim, but the damage is done". Scroll.in. Retrieved 3 October 2020.
  16. ^ "Bombay HC's remark that rape victim 'used to do all dirty things' is depressing". www.dailyo.in. Retrieved 3 October 2020.
  17. ^ Saba (20 February 2017). "Bombay HC Judge clarifies on her controversial comment referring to victim of sexual assault by her adoptive father". SCC Blog. Retrieved 3 October 2020.
  18. ^ Baghel, Sunil (4 February 2017). "Rape accused father gets bail as 'girl was used to doing dirty things'". Mumbai Mirror. Retrieved 3 October 2020.
  19. ^ "Second Bombay HC judge gives up claim to flat in highrise for judges". The Indian Express. 10 September 2017. Retrieved 3 October 2020.
  20. ^ "High-rise for judges: Bombay HC judge recuses himself from hearing PIL". The Indian Express. 27 September 2017. Retrieved 3 October 2020.
  21. ^ "High-rise for HC judges on affordable housing plot". The Indian Express. 22 June 2017. Retrieved 3 October 2020.
  22. ^ "Prime Mumbai plot to get a high-rise for HC judges". The Indian Express. 21 June 2017. Retrieved 3 October 2020.
  23. ^ "Payal Tadvi suicide case: Bombay HC pulls up investigators for gaps in probe". The New Indian Express. Retrieved 3 October 2020.
  24. ^ "To 'Reform' Man Accused in Caste Atrocity, Bombay High Court Orders Him to Plant Saplings". The Wire. Retrieved 3 October 2020.
  25. ^ "Bombay HC justice Sadhana Jadhav retires; over 18,000 cases disposed". The Times of India. 14 June 2022.
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